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Gainesville City Zoning Code

ARTICLE 9

9 - SITE AND ARCHITECTURAL DESIGN REVIEW

Sec. 9-9-1-1. - Findings.

(a)

The governing authority of the city finds that its citizens have widely shared human values related to the visual environment. The desire to protect certain features of the visual environment reflects a widespread pattern of community preference. That finding is supported by community visioning and character area delineation completed as a part of the city's comprehensive planning process. Regulations for design review and aesthetics are therefor based on the visual sensibilities of the average person in the community.

(b)

The governing authority of the city finds further that visual harm to a widespread pattern of community preference can occur without the imposition of the site design and architectural review provisions adopted in this article. The requirements contained in this article are related to legitimate public purposes, and they are the minimum necessary to prevent substantial harm to existing features of the visual environment of the city.

(c)

Without guidance, future developments will likely be self-contained, compartmentalized, and without coherence and relationship with other developments. Without guidance, developers are unlikely to interrelate streets, buildings, human uses, and natural systems in a manner that results in a coordinated, pleasing, and sustainable built environment across property lines.

(ULDC 2005, § 9-9-1-1; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-1-2. - Purposes.

(a)

Establishing the appropriate character of the city requires attention to the aesthetics of development, buildings, and sites. It is in the public interest to direct and control the visual appearance of buildings, structures, landscapes, and development in the city, to prevent patently offensive harm to the existing visual character of the city, and to safeguard the happiness, comfort, and general well-being of citizens.

(b)

Careful attention to the architectural design of buildings and the layout of land development sites is in the best interests of the city, its citizens, and business owners. Attractive and integrated architectural and site design features tend to improve an area's image, raise overall property values, attract new businesses and residents, and improve the quality of life.

(c)

Design guidelines provide criteria to evaluate the appropriateness of proposed changes to individual buildings, properties, and land use activities. The design guidelines provided in this article are intended to provide clear guidance to property owners and their engineers, landscape architects, site designers, and architects on best practices for site design, land development, and architecture of buildings. Criteria in this article allow for a wide range of architectural and site design solutions but also articulate strong preferences for certain designs. These guidelines are not intended to force a level of sameness; instead, a richness of character and expression is desired.

(d)

This article is intended to establish a predictable and clear process for review and approval of the site design of land developments and architectural features of buildings.

(ULDC 2005, § 9-9-1-2; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-1-3. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Appearance means the outward aspect of a building or site development that is visible to the public.

Architectural appearance, exterior, means the architectural character and general composition of the exterior of a building or structure, including, but not limited to, the kind, color, and texture of the building material and the type, design, and character of all windows, doors, light fixtures, signs attached to the building or structure, and any appurtenant elements.

Architectural features means ornamental or decorative features attached to or protruding from an exterior wall or roof, including cornices, eaves, belt courses, sills, lintels, bay windows, chimneys, and decorative ornaments.

Architectural recesses means portions of a building wall at street level which are set back from the street line so as to create articulation of the building wall and/or to provide space for windows or doors.

Asymmetrical means not symmetrical, as in a building facade that is not identical on either side of an imaginary line drawn down its center.

Attractive means having qualities that arouse satisfaction and pleasure in numerous, but not necessarily all, observers.

Awning, internally illuminated, means a fixed awning covered with a translucent membrane that is, in whole or part, illuminated by light passing through the membrane from within the structure.

Bioretention area means shallow stormwater basin or landscaped area that utilizes engineered soils and vegetation to capture and treat stormwater runoff.

Bioswale means grass channels or vegetated open channels that provide biofiltration of stormwater runoff as it flows across the grass surface.

BMP or best management practice means both structural devices to store or treat stormwater runoff and nonstructural programs or practices which are designed to prevent or reduce the pollution of the waters of the state.

Bollard means a luminaire having the appearance of a short, thick post, used for walkway and grounds lighting. The optical components are usually top-mounted.

Build-to line means an alignment establishing a certain distance from the curb or right-of-way line to a line along which a building or buildings shall be built.

Building footprint means the outline of a building's ground plan from a top view.

Character means special physical characteristics of an area, building, structure, or site that set it apart from its surroundings and contribute to its individuality.

Character area means any of the specific areas delineated as character areas in the city's comprehensive plan.

Clapboard means a wood exterior siding material that is applied horizontally and overlapped with the lower edge thicker than the upper edge.

Cohesiveness means unity of composition among elements of a building or among buildings and/or structures, and their landscape development.

Column means a vertical, cylindrical or square supporting member.

Compatibility means, with regard to development, the characteristics of different land uses or activities that permit them to be located near each other in harmony and without conflict; with regard to buildings, harmony in appearance of architectural features in the same vicinity.

Continuity means the flow of elements or characteristics in a non-interrupted manner.

Coping means the capping member of a wall that covers and protects the wall from the effects of weather.

Picture of Coping

Picture of Coping

Cornice means any horizontal member, structural or nonstructural, of any building, projecting outward from the exterior walls at the roof line.

Curb break or curb cut means any interruption or break in the line of a street curb for the purpose of connecting a driveway to a street, or otherwise to provide vehicular access to abutting property. The term "curb break" or "curb cut" also refers to an opening in the curb that allows stormwater to flow into a landscaped area or best management practice.

Dentil means any of a series of closely spaced, small, rectangular blocks forming a molding or protecting beneath the cornice.

Picture of Cornice and Dentil

Picture of Cornice and Dentil

Design guideline means a standard of appropriate activity that will establish, preserve, or enhance the architectural character and site design and function of a building, structure, or land development.

Direct light means light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminary.

Dormer means a small window with its own roof projecting from a sloping roof. Dormers are projections that provide ventilation, light, and additional space for attic areas.

Types of Dormers

Types of Dormers

Downspout means a pipe for directing rainwater from the roof to the ground.

Eave means the edge of the roof that extends past the walls of a building.

Eave

Eave

Elevation drawing means an architectural drawing of a building or building facade, intended to illustrate its design, characteristics, and major features.

Illustrative Elevation Drawing

Illustrative Elevation Drawing

Exterior insulating and finish system (EIFS) means an exterior wall cladding system consisting primarily of polystyrene foam board with a textured acrylic finish that resembles plaster or stucco.

Facade means the face (exterior elevation) of a building, especially the face parallel to or most nearly parallel to a public street.

Fenestration means the organization of windows on a building wall.

Glazing Patterns

Glazing Patterns

Fixture means the assembly that houses the lamp and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.

Flashing means thin pieces of metal used for waterproofing roof joints.

Footcandle means a unit of illuminance on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot. One footcandle (FC) is the equivalent of 10.76 lux (one lux equals 0.0929 FC).

Fronting on the downtown square means any building block face fronting on the city's downtown square, which is bounded by Main Street, Spring Street, Bradford Street, and Washington Street.

Full cutoff luminary means outdoor light fixtures shielded or constructed so that no direct light rays are emitted by the installed fixture at angles above the horizontal plane.

Gable means the triangular upper portion of an end wall, underneath a peaked roof.

Glare means light emitting from a luminary with intensity great enough to reduce a viewer's ability to see, and in extreme cases causing momentary blindness, or that causes annoyance or discomfort.

Harmony means a quality that represents an attractive arrangement and agreement of parts of a composition, as in architectural elements.

Illuminance means the area density of the luminous flux incident at a point on the surface. The term "illuminance" is a measure of light incident on a surface, expressed in lux or footcandles.

Isofootcandle plan means a site plan of a proposed development showing proposed outdoor illuminance with a series of isofootcandle lines that join points on a surface where the illuminance is the same.

Light trespass means the shining of light produced by a luminary beyond the boundaries of the property on which it is located.

LID or low impact development means an approach to land development or redevelopment that seeks to emulate the natural water cycle as much as possible and reduce the negative impacts of development and impervious cover by using stormwater better site design techniques and BMPs that encourage infiltration, evapotranspiration, and/or harvest and use of stormwater runoff on-site.

Luminary means a complete lighting system, including a lamp and a fixture. The term "luminary" shall be interpreted broadly as applying to all outdoor electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar devices, permanently installed or portable, used for illumination or advertisement.

Massing means the overall visual impact of a structure's volume; a combination of height and width and the relationship of the heights and widths of the building's components.

Modularity means design composition comprised of a rhythmic organization of parts.

Modulation means a measured setback or offset.

Modulation

Modulation

New development means land development activities, structural development (construction, installation or expansion of a building or other structure), and/or creation of impervious surfaces on a previously undeveloped site.

Outdoor lighting means the nighttime illumination of an outside area or object by any manmade device located outdoors that produces light by any means.

Parapet means that portion of a wall which extends above the roof line.

Parapet Wall

Parapet Wall

Pedestrian-scale development means development designed with an emphasis primarily on the street sidewalk and on pedestrian access to the site and building, rather than auto access and parking areas. The building is generally placed close to the street and the main entrance is oriented to the street sidewalk. There are generally windows or display cases along building facades which face the street.

Pedestrian Scale Development

Pedestrian Scale Development

Plaza means an open area adjacent to a building that functions as a gathering place and may incorporate a variety of nonpermanent activities.

Porch means a projection from a building wall which is covered but enclosed on no more than one side by a vertical wall.

Portico means an exterior appendage to a building, normally at the entry, usually roofed.

Proportion means balanced relationship of parts of a building, signs and other structures, and landscape to each other and to the whole.

Redevelopment means the structural development (construction, installation or expansion of a building or other structure), creation or addition of impervious surfaces, replacement of impervious surface not part of routine maintenance, and land-disturbing activities associated with structural or impervious development. Redevelopment does not include such activities as exterior remodeling.

Retail display window means a window or opening in the exterior wall of any portion of a building used for business purposes, through which merchandise, services, or businesses are displayed or advertised and visible from the ground or sidewalk level.

Roof means the cover of a building, including the eaves and similar projections.

Roof, flat, means a roof having no pitch or a pitch of not more than 2:12.

Roof, gable, means a roof sloping downward in two parts from a central ridge, so as to form a gable at each end.

Roof, hipped, means a roof with slopes on all four sides meeting at a ridge or at a single point.

Roof, pitched, means a shed, gabled, or hipped roof having a slope or pitch of at least one-foot rise for each four feet of horizontal distance.

Gable and Hipped Roof

Gable and Hipped Roof

Safety lighting means exterior lighting that involves ensuring proper levels of illumination to provide safe working conditions, safe passage, and the identification of outdoor hazards.

Scale means proportional relationships of the size of parts to one another and to humans.

Security lighting means exterior lighting installed solely to enhance the security of people and property.

Shop front means a business or retail use where the facade is aligned directly on the frontage line with the entrance at grade; typical of sidewalk retail. Shop fronts often have awnings.

Stormwater better site design means nonstructural site design approaches and techniques that can reduce a site's impact on the watershed and can provide for nonstructural stormwater management. Stormwater better site design includes conserving and protecting natural areas and greenspace, reducing impervious cover, implementing lower impact site design techniques, and using natural features for stormwater management.

Street furniture means those features associated with a street that are intended to enhance the street's physical character and use by pedestrians, such as benches, trash receptacles, planting containers, pedestrian lighting, kiosks, etc.

Street hardware means objects other than buildings or street furniture that are part of the streetscape. Examples are non-pedestrian streetlight fixtures, utility poles, traffic lights and their fixtures, fire hydrants, etc.

Streetscape means the appearance and organization along a street of buildings, paving, plantings, street hardware, street furniture, and miscellaneous structures.

Undergrounding means the placement of utility lines below ground, with the removal of aboveground poles, wires and structures, as applicable.

Utilities means all public, private, and municipal, above or below ground, infrastructure systems providing water, stormwater, sanitary sewer, natural gas, electricity, telecommunications, cable television or Internet services; or any other service controlled by the state public services commission.

Utility lines means linear features of utilities, such as pipes, conduit or cables, as well as junctions and ancillary facilities.

Wallpack means a wall-mounted luminary.

(ULDC 2005, § 9-9-1-3; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § IX, 11-3-2020)

Sec. 9-9-1-4. - General requirements.

(a)

Land development shall be required to comply with the site design review requirements of this article, unless specifically exempted from compliance with this article.

(b)

Buildings and structures shall be required to comply with the architectural design review requirements of this article, unless specifically exempted from compliance with this article.

(c)

No, grading, or alteration or improvement of land shall take place prior to approval of site design in accordance with the requirements of this article, if required.

(d)

The community and economic development department shall not issue a minor land development permit or a land development permit if required by this Code until and unless site design review, if required, has been accomplished in accordance with this article.

(e)

No construction of buildings or structures shall commence, and no building permit shall be issued by the community and economic development department, prior to the approval of the architectural design of said buildings or structures in accordance with the requirements of this article, if required.

(f)

The central business district exhibits a significant historical, architectural and cultural character for our community. In accordance with the community visioning and Central Core Character Area delineation completed as part of the city's comprehensive planning process, no demolition of buildings or structures within property zoned central business (C-B) shall commence, and no demolition permit shall be issued by the community and economic development department, prior to the approval of the demolition of said buildings or structures by the community and economic development director (see also chapter 9-9-2).

(g)

A demolition permit may be denied for the following reasons:

(1)

The proposed new structure or use on the site is not compatible with the Central Core Character Area and the design guidelines as identified in chapter 9-9-6.

(2)

The demolition permit allows the demolition of an historically significant building that contributes to the Central Core Character Area.

(h)

If the demolition of the buildings or structures is denied by the community and economic development director, the applicant shall have the right to appeal to the governing body of the city.

(ULDC 2005, § 9-9-1-4; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2019-35, § X, 12-17-2019; Ord. No. 2020-42, § X, 11-3-2020)

Sec. 9-9-1-5. - Exemptions.

The following are exempt from the provisions of this article:

(1)

Previously approved. Development consistent with previously approved site and architectural design plans, or their equivalent, as determined by the community and economic development director.

(2)

One- and two-family dwellings. Per section 9-13-7-1, detached, fee-simple, single-family dwellings and their customary accessory uses and structures, as well as two-family dwellings (duplexes), are exempt from the requirement to obtain a land development permit; however, certain activities such as parking lots, patios, walkways, and retaining wall additions on lots developed for single-family, detached, and two-family dwellings (duplexes) may require a minor land development permit per section 9-13-6-1. Therefore, the development of detached, single-family dwellings and two-family dwellings shall be exempt from the site plan review requirements of this article unless the director determines that a minor land development permit is required. One- and two-family dwellings shall also be exempt from the architectural review process established in this article.

(3)

Activities in historic districts. Any development, building, or material change in appearance within the Historic District Overlay Zone, as established in chapter 9-8-8. In lieu of compliance with this article, site and architectural design review within the Historic District Overlay Zone shall be accomplished by way of a certificate of appropriateness from the city historic preservation commission or approval of a minor work by the community and economic development department as specified in section 9-8-8-7. Notwithstanding this exemption, nothing shall prevent the historic preservation commission or the community and economic development department from considering and applying various design guidelines of this article, if appropriate, to development and buildings within the Historic District Overlay Zone during the process of considering the issuance of certificates of appropriateness.

(4)

Re-occupancy. Re-occupancy of a building for which design review has already been approved.

(5)

Interior renovations. Alterations and repairs to the interior of existing buildings.

(6)

Other. Other instances as may be determined appropriate by the community and economic development director, including, but not limited to, the approval of temporary uses and structures. To this end, the community and economic development director is authorized to and may exempt a project or activity from compliance with this article for good cause shown. Any such decision to exempt an activity from compliance with this article and the reason for such exemption decision, shall be documented in writing by the community and economic development director and shall be public record. Exemption decisions by the community and economic development director are subject to appeal in accordance with chapter 9-22-7.

(ULDC 2005, § 9-9-1-5; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-1-6. - Character areas recognized.

The following character areas are established in the city comprehensive plan and are hereby recognized for purposes of applying the site and architectural design requirements of this chapter. The boundaries of the various character areas shall be as delineated in the city comprehensive plan, as may be amended from time to time.

(1)

Central Core.

(2)

Traditional Neighborhoods.

(3)

City Park Neighborhood Center.

(4)

Lake District.

(5)

Longwood Cove.

(6)

Brown's Bridge Corridor.

(7)

West Side.

(8)

Limestone Medical Corridor.

(9)

Historic Mill Villages.

(10)

Suburban Residential.

(11)

Suburban Commercial.

(12)

Economic Development Gateways.

(13)

Regional Recreation/Conservation.

(ULDC 2005, § 9-9-1-6; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-2-1. - Design review required.

For all lands, developments, buildings, and structures subject to compliance with this article, an application or applications shall be made by the property owner or agent for the property owner to the community and economic development department for site and architectural design review approval, as required by and in accordance with this article.

(ULDC 2005, § 9-9-2-1; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-2-2. - Division of design review.

Division of Site and Design Review

Division of Site and Design Review

(a)

An application for site and architectural design review may be submitted as a single application or it may be divided into two applications and approval processes, one for the development site, and one for the building or structure. Typically, the civil review is completed prior to starting architectural review.

(b)

The division of design review applications and approval processes into two distinct (i.e., site and building architecture) components is appropriate and permissible when a property owner or land developer desires to proceed with land development approval but elects at that time to defer application for the architectural review and approval of the building or buildings until a subsequent stage of the permitting process.

(c)

The division of design review applications and approval processes into two distinct (i.e., site and building architecture) components is also appropriate in cases where the community and economic development director determines that site design review, as would be required by this article, is unnecessary given the existing developed state of the lot. In such or similar instances, the community and economic development director may exempt a given building proposal from the site design requirements of this article and require only that the architectural design review process be completed.

(ULDC 2005, § 9-9-2-3; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-2-3. - Application requirements for site design review.

(a)

When a preliminary plat, minor land development permit, or land development permit is required, the application requirements for site design review shall at minimum be those plans and information required for applications for a preliminary plat, minor land development permit, or land development permit, whichever is applicable, as specified in article 9-13. In addition, an application for site design review shall include all information necessary to demonstrate compliance with the site design requirements of this article.

(b)

The community and economic development director or designee may refuse to act on an incomplete application or an application for site design review that fails to contain submission materials with respect to design that it finds necessary to make a decision on said application.

(c)

The community and economic development director or designee may waive submission requirements where in his opinion such information is not necessary to ensure compliance with this article.

(ULDC 2005, § 9-9-2-3; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-2-4. - Process of site design approval.

(a)

The process of site design approval is administrative. It shall be the responsibility of the community and economic development department to review development permit applications for compliance with the site design requirements of this article. The community and economic development director or designee is authorized to review, approve, conditionally approve, or deny applications for site design approval, in accordance with this article.

(b)

When an application for a preliminary plat or land development permit is made, the applicant shall be required to comply with the site design requirements of this article, as well as all other applicable development regulations of this Code. Plans and information submitted as a part of an application for a preliminary plat, minor land development permit, or land development permit, as the case may be, shall constitute an application for site design approval as required by this article if said application includes all the information required or necessary to ensure compliance with the provisions of this article for site design.

(c)

When site design review is applied for and accomplished in conjunction with a preliminary plat, minor land development permit, or land development permit application, a decision on site design review shall be made in accordance with procedural requirements for considering preliminary plats or the land development permit, as the case may be.

(d)

If a preliminary plat or land development permit is not required by this Code for a particular subdivision, development, or building, then compliance of said development or building with the requirements of this article relative to site design, as applicable, shall be reviewed by the community and economic development director or designee in conjunction with a building permit application or prior to issuance of a building permit for a building on the property.

(e)

When site design review is applied for and accomplished in conjunction with an architectural design application, a decision on site design review shall be made in accordance with the procedures applicable for architectural design review as specified in this article.

(ULDC 2005, § 9-9-2-4; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-2-5. - Architectural design approval.

(a)

The community and economic development director or designee is authorized to review, approve, conditionally approve, or deny applications for architectural design review, in accordance with this article, except as specifically provided in this section.

(b)

Where the record of application approval clearly indicates, demonstration of compliance with the architectural review requirements of this article at the time of rezoning or special use application approval, or as part of a planned unit development, shall be construed as satisfying the architectural design review requirements of this article.

(c)

No later than when an application for a building permit is made, the applicant seeking design approval shall be required to comply with the architectural design requirements of this article, as applicable. Compliance will typically be gained during the process of the applicant applying for building permit review (see section 9-20-14-6). Architectural design review applications may be coordinated with existing administrative processes established by the inspections services division of the community and economic development department for building plan reviews and the issuance of building permits. It shall be the responsibility of the community and economic development department to review building permit applications for compliance with the architectural design requirements of this article and this Code.

(d)

The community and economic development director shall not authorize the issuance of a building permit or certificate of occupancy as required by this Code and/or the building code applicable in the city until and unless an application for architectural design review of the building or buildings proposed, if required, has been submitted and approved in accordance with this article.

(ULDC 2005, § 9-9-2-5; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-2-6. - Application requirements for architectural design review.

Applications for architectural design review shall include the following, and no architectural design review application shall be processed by the community and economic development department unless it is found to be complete with regard to the requirements of this section:

(1)

Application fee (included in other review fees);

(2)

Application form furnished by the community and economic development director, including signature of property owner or authorized agent;

(3)

Legal description of the property and survey plat of the property;

(4)

Letter of intent describing the proposed building on the property, which may include a description of any special conditions voluntarily made a part of the request;

(5)

Site plan of the property at an appropriate engineering scale showing the proposed use and relevant information regarding proposed improvements;

(6)

Exterior elevation drawings drawn to scale and signed by an architect, engineer or other appropriate professional and submitted in sufficient number of copies as required by the community and economic development director. Said exterior elevation drawings shall clearly show, in sufficient detail, the exterior appearance and architectural design of proposed buildings and structures or changes thereto;

(7)

Material and colors samples. The community and economic development director may accept written descriptions, product summary sheets, photographs, or other information in lieu of actual color and material samples;

(8)

Other information as may be essential to demonstrate compliance with this article. An applicant for architectural design review may be also be required to submit information in the form of photographs or sketches of adjoining uses and indicate how the architectural design of the proposed project or improvement is compatible with the surrounding context.

(ULDC 2005, § 9-9-2-6; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-2-7. - Criteria for decisions on architectural design applications.

In acting upon applications for architectural design approval, the community and economic development director or designee shall consider whether the proposal meets the following criteria:

Criteria for Architectural Design Review Decisions

Criteria for Architectural
Design Review Decisions

(1)

Whether the proposal complies with the requirements of this article and other applicable provisions of this Code;

(2)

Whether the proposal is consistent with the design guidelines of this article, as may be applicable;

(3)

Whether the proposal is consistent with the descriptions, intentions, and purposes of the character area in which the property is located, as described in the comprehensive plan, as may be applicable;

(4)

Whether the design, scale, arrangement, materials, and colors of the proposed buildings or structures is compatible with buildings and structures in the immediate surrounding area or the same zoning district.

(ULDC 2005, § 9-9-2-7; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-2-8. - Decision with regard to architectural design applications.

(a)

The community and economic development director shall render a decision on the architectural design application as expediently as possible but within no more than 15 calendar days from the date a complete application is received.

(b)

If the community and economic development director finds that the proposal meets the criteria for architectural design, as specified in this article, the director shall approve the application.

(c)

If the director finds that the proposal is mostly acceptable but requires modifications, the director may approve the application with conditions or the director may request changes and require modifications to the proposed design for consideration as a modified application at a future date.

(d)

If the director finds that the proposal fails to meet the criteria for architectural design specified by this article, or does not comply with the requirements of this Code, the application shall be denied. Among other grounds for considering a design inappropriate are the following defects: character foreign to the area, arresting and spectacular effects, violent contrasts of material or color, intense or lurid colors, a multiplicity or incongruity of details resulting in a restless and disturbing appearance, and the absence of unity and coherence in composition not in agreement with the density and character of the present structure or surrounding area.

(ULDC 2005, § 9-9-2-8; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-2-9. - Notice of decision.

(a)

The community and economic development director shall notify the applicant in writing of the action taken on design review applications promptly after the date action was taken on said application.

(b)

If the application was denied, the reasons for the denial shall be stated in the written notice of decision.

(ULDC 2005, § 9-9-2-9; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-2-10. - Reapplication and appeal.

(a)

An applicant for architectural design approval may revise plans and reapply for architectural design approval.

(b)

Any decision by the community and economic development director with respect to a design review application required by this article may be appealed as an administrative decision, in accordance with the requirements of chapter 9-22-7, with the following exception: the governing authority of the city shall be the body to hear and decide on any appeal of an administrative decision pursuant to article 9-9. Where chapter 9-22-7 refers to the planning and appeals board, for purposes of any such appeal per this article, the governing authority of the city shall be substituted.

(ULDC 2005, § 9-9-2-10; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-2-11. - Compliance with approved applications.

(a)

Approval of site and architectural design applications is conditioned on compliance with the approved applications.

(b)

After the development and building are constructed and completed, but before issuance of a certificate of occupancy, the community and economic development director or designee shall inspect the site and building for compliance with the approved design plans for the site or building.

(c)

The community and economic development director shall direct the building inspector not to issue a certificate of occupancy if the site or building is not in compliance with approved design plans and stormwater management plans.

(d)

The community and economic development director shall direct the building inspector not to issue a certificate of occupancy until all documents required by the Unified Land Development Code, including, but not limited to, all documents required by the city department of water resources, have been submitted with proper signatures.

(ULDC 2005, § 9-9-2-11; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XI, 11-3-2020)

Sec. 9-9-3-1. - Purpose and intent.

This chapter provides guidelines for the design of land developments on individual sites and will be applied by the community and economic development department during the process of site design review as required by chapter 9-9-2.

(ULDC 2005, § 9-9-3-1; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XII, 11-3-2020)

Sec. 9-9-3-2. - Applicability.

Unless the context of a particular section clearly indicates otherwise, the site design guidelines of this chapter may be considered by the community and economic development department to apply to all land developments and minor land developments.

(ULDC 2005, § 9-9-3-2; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XII, 11-3-2020)

Sec. 9-9-3-3. - Interpretation.

(a)

The provisions in this chapter which use the term "shall" are regulations and must be followed.

(b)

When the terms "should" and "are encouraged" are used in this chapter, the language shall be considered a guideline, and flexibility toward compliance may be exercised if it is determined by the community and economic development director that the spirit and intent of the guideline is being followed or an alternative to the guideline is acceptable. However, successive departures from the guidelines is grounds for denial of an application for site design review.

(ULDC 2005, § 9-9-3-3; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XII, 11-3-2020)

Sec. 9-9-3-4. - Cross-references to existing code requirements.

At the time an application for preliminary plat is submitted, a proposed subdivision will be reviewed for compliance with existing code requirements, including, but not limited to, article 9-13, including specifically chapter 9-13-3 and chapter 9-13-9. Designers should consult with community and economic development department and water resources department staff early in the process to identify key chapters and sections of this Code that impact site design.

(ULDC 2005, § 9-9-3-4; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XII, 11-3-2020)

Sec. 9-9-3-5. - Existing site analysis.

(a)

Significant natural features of the site proposed to be developed, should be identified on an existing conditions map and to the extent practicable incorporated into the site plan for land development.

(b)

The community and economic development director may exempt development proposals on properties with one acre or less in area, or minor land developments, from this requirement if through a site visit or other information presented the requirement for a site conditions analysis can be satisfied with other data and enforcing this requirement would be onerous given the development proposed.

(c)

Properties with one acre or less in area shall be subject to stormwater requirements. The department of water resources director may exempt properties with one acre or less in area, from stormwater requirements contained in this Code, if through a site visit or other information presented the stormwater requirements would be unduly onerous given the development proposed.

(d)

In cases where significant natural water features such as floodplains, wetlands, and streams exist, exemptions should be decided on a case-by-case basis by the department of water resources director.

(ULDC 2005, § 9-9-3-5; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XII, 11-3-2020)

Sec. 9-9-3-6. - Grading.

(a)

Developments should be designed to fit the existing contours and landform of the site and use of available buildable areas in the most space-efficient way, to minimize clearing, grading, and earthwork, and to reduce visual impacts and erosion.

(b)

Where cut and fill are required, balancing the cut and fill is highly encouraged.

Illustrative Cut and Fill

Illustrative Cut and Fill

(c)

Abrupt or unnatural-appearing grading should not be proposed and will not be allowed. Land development activities in areas that have slopes greater than 25 percent should not be considered unless necessary for roadway or utility construction. See section 9-9-4 for guidance on development on steep slopes.

(d)

Grading should blend with the contours of adjacent properties with minimum alteration of the natural topography necessary to accomplish the development.

(e)

Where retaining walls must be used, the height and length of retaining walls should be minimized and screened with appropriate landscaping. Tall, smooth-faced, concrete retaining walls should be avoided in highly visible areas. Terracing should be considered as an alternative to the use of tall or prominent retaining walls, particularly in highly visible areas on hillsides.

(f)

When cut or fill is involved in the grading of an individual building pad or development site, the finished grade of the parking lot or driveway should be terminated far enough inside the property to allow for the slope to return to that of the natural grade or finished ground elevation at the property line. When inter-parcel access is provided or required, the slope at such a property line shall not exceed ten percent. The purposes of this design guideline are to both facilitate inter-parcel access at reasonable grades between compatible land uses and to avoid harsh differences in grade between abutting properties. This practice also provides for a blending of the finished site elevations in a manner so that stark contrasts in the landscape will not occur. Where inter-parcel access is not required due to incompatible land uses, grade differentiation at a property line may be permitted but should be mitigated or softened as much as possible (see illustration below).

Discouraged and Encouraged Grading Practices

Discouraged and Encouraged
Grading Practices

(g)

Specific grading design criteria for stormwater best management practices should be followed as set forth in the latest revision of the Georgia Stormwater Management Manual (GSMM).

(ULDC 2005, § 9-9-3-6; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XII, 11-3-2020)

Sec. 9-9-3-7. - Stormwater management generally.

(a)

Stormwater management is governed by chapter 9-13-12. One- and two-family dwellings are exempt as specified in section 9-13-12-6.

(b)

Land developers should utilize, to the maximum extent practicable, stormwater better site design practices as described in the latest revision of the GSMM.

(c)

During the land development permitting process, a stormwater management plan is required (see chapter 9-13-12). The city requires the land development applicant to examine and where feasible implement stormwater management methods broadly referred to as low-impact development and as specifically referred to in the GSMM as stormwater better site design practices and limited application structural stormwater controls (i.e., filter strips, grassed channels, and porous concrete, among others) (reference: GSMM, vol. 2).

(d)

To improve infiltration, porous paving materials are encouraged for certain applications. Porous paving materials include porous concrete, porous asphalt, porous unit paver systems, and gravel paving systems.

(e)

Grassy swales and bioretention areas are acceptable and encouraged alternatives to curbing, piping, and detention of water. Where curb is necessary, utilize where possible a curb cut to direct runoff to swales or bioretention areas. Rain gardens and constructed wetlands are also encouraged to handle surface drainage of parking lots providing ten or more parking spaces.

Bioretention Area and Permeable Pavers/Porous Asphalt Paving Section

Bioretention Area and
Permeable Pavers/Porous
Asphalt Paving Section

(f)

Mimic the predevelopment site hydrology by using site design techniques that store, infiltrate, evaporate, and detain runoff. Natural drainage patterns that exist on the site will need to be identified (as part of the stormwater planning process) to plan around these critical areas where water will concentrate. Where possible, natural drainageways should be used to convey runoff over and off the site to avoid the expense and problems of constructing an artificial drainage system.

(g)

Minimize and then mitigate the hydrologic impacts of land use activities closer to the source of generation. This can be done by implementing the principle of "microstorage," or breaking up drainage areas into small manageable subcatchment areas, break up flow directions from large, paved surfaces, and direct stormwater, where appropriate, to drain to natural systems, vegetated buffers, natural resource areas, or infiltratable zones/soils.

Design Paved Surfaces to Disperse Flow to Vegetated Areas

Design Paved Surfaces to
Disperse Flow to Vegetated Areas

Garbage receptacles shall not be placed so as to impede or obstruct the flow of surface water or block drains, manholes, or other stormwater best management practices.

(ULDC 2005, § 9-9-3-7; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XII, 11-3-2020)

Sec. 9-9-3-8. - Stormwater detention.

(a)

Manmade lakes and stormwater ponds should be designed for maximum habitat value and/or to serve as amenity features.

(b)

Stormwater ponds and facilities that are located in a front yard adjacent to a public right-of-way should be landscaped around the perimeter. Any fencing surrounding a stormwater pond that is visible from the public right-of-way shall be decorative in nature, or, if chainlink fencing is permitted, it shall be black vinyl coated.

(c)

Because detention ponds that impound water are hazardous, the following precautions should be taken: avoid steep slopes; slopes around the detention pond should be 2½ to one or flatter; three to one where maintained by tractor or other equipment. Fence the area if slopes require and post with warning signs.

(d)

In the Gateway Corridor and Limestone Parkway Overlay Zones, stormwater detention ponds or areas should be located to the rear or side of buildings. If such a location is not feasible from an engineering standpoint, the detention area may be placed underground with the approval of the department of water resources director, or it may be approved in front of a building at surface level if it is designed as an amenity feature with shallow slopes, does not contain fencing, and is surrounded by landscaping approved by the director of community development and also subject to the approval of the department of water resources director.

(ULDC 2005, § 9-9-3-8; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XII, 11-3-2020)

Sec. 9-9-3-9. - Parking.

(a)

Location. For uses other than single- and two-family residential, parking should be located to the side or rear of the building (or where there is more than one building, to the side or rear of the building closest to the right-of-way line). In the Gateway Corridor and Midtown Overlay Zones, the community and economic development director may limit parking in the front yard (between the building and the street right-of-way) to no more than 50 percent of the total spaces provided.

(b)

Surfacing. See article 9-17 relative to surface material of parking lots.

(c)

Screening/landscaping. Parking lots shall be landscaped according to the requirements of chapter 9-16-4. Parking areas adjacent to any public or private street must be screened from view by low masonry walls, fences, berms and/or landscaping.

(ULDC 2005, § 9-9-3-9; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XII, 11-3-2020)

Sec. 9-9-3-10. - Loading.

For uses other than single- and two-family residential, loading zones as may be required by this Code shall be to the side or rear of the building (or where there is more than one building, to the side or rear of the building closest to the right-of-way line). See article 9-17 relative to loading areas. Storm drains should be avoided in loading areas so as to prevent release of spilled materials.

(ULDC 2005, § 9-9-3-10; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XII, 11-3-2020)

Sec. 9-9-3-11. - Utilities.

(a)

For all new construction and redevelopment, linear utilities along public streets or in public right-of-way must be placed underground. The director of public works may approve an exception if subsurface rock or other unique hardships make such installation unfeasible.

(b)

All transformers and other facilities and utility boxes and equipment shall be screened through the use of architectural materials compatible with the architectural materials present on the site or, alternatively, through landscape screening. Such screening shall be adequate to completely screen such facilities from view from the right-of-way.

(ULDC 2005, § 9-9-3-11; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XII, 11-3-2020)

Sec. 9-9-3-12. - Pedestrian circulation.

(a)

Except in industrial zoning districts, pedestrian circulation should take precedence over vehicular circulation. Pedestrian ways shall be well defined, should take as direct a path as possible, and they should be separated where practical from automobile accessways. Parking aisle dividers are appropriate locations for pedestrian access facilities. Relocate landscape areas that may interfere with pedestrian short cuts.

Illustrative Provision of Pedestrian Access

Illustrative Provision of Pedestrian Access

(b)

Sidewalks on individual properties shall connect to the sidewalk system within public road right-of-way, where such system exists or is planned.

(c)

All principal entries to a building shall provide direct pedestrian access to the sidewalk within a public right-of-way or along a dedicated street.

(d)

When multiple buildings are proposed on a single development site, they shall be linked with on-site pedestrian walkways.

(e)

Where pedestrian circulation crosses vehicular routes, a change in grade, paving material, or texture, or paving color should be provided to emphasize the conflict point and improve its visibility and safety. Accent strips of brick or textured paving may also be appropriate for defining pedestrian walkways.

(ULDC 2005, § 9-9-3-12; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XII, 11-3-2020)

Sec. 9-9-3-13. - Interparcel access.

(a)

Interparcel access easements required. For any office or retail sales or services use, the property owner shall grant an access easement, as described in this section, to each adjoining property that is zoned or used for an office or retail sales or services use. The purpose of the easement is to facilitate movement of customers and their vehicles from establishment-to-establishment (lot-to-lot) without generating additional turning movements on a public street. When required by this section, interparcel access easements shall be recorded in the office of the clerk of superior court, the county, and reference to deed book and copy of such recorded easement provided to the community and economic development director.

Illustrative Interparcel Access

Illustrative Interparcel Access

(b)

Access easement provisions.

(1)

The interparcel access easement shall permit automobile access from the adjoining property to driveways and parking areas intended for customer or tenant use; but parking spaces may be restricted to use by the owner's customers and tenants only.

(2)

The granting of such easement shall be effective upon the granting of a reciprocal easement by the adjoining property owner.

(3)

Upon the availability of access to driveways and parking areas of the adjoining lot, the pavement or other surfacing of the owner's driveways and parking areas shall be extended to the point of access on the property line.

(c)

Location of interparcel connections. The location of vehicular connections across a property line should be mutually determined and constructed by both property owners. Connection of parking areas for vehicular access may be provided in the front portion of the site. In cases where it is not possible to provide the connection in front, it may be provided in the rear portion of the site. In the case of coordination problems or any factors preventing construction of an inter-parcel connection, the community and economic development director shall determine the location of connection to be constructed by property owners.

(d)

Relief. Where the proposed land use is such that adverse impact of the required easement on the use of the property would outweigh the reduced impact on the public street provided by the reciprocal easements, the community and economic development director may waive the requirement for access easements, in whole or in part, administratively.

(ULDC 2005, § 9-9-3-13; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XII, 11-3-2020)

Sec. 9-9-3-14. - Outdoor lighting.

(a)

Applicability. This section applies to existing uses, not just those required to complete design review. All public and private outdoor lighting shall be in conformance with the requirements established by this section.

(b)

Exemptions. The following are exempt from the provisions of this section:

(1)

All temporary emergency lighting needed by police or fire departments or other emergency services.

(2)

All hazard warning luminaries required by federal regulatory agencies.

(3)

Any vehicular luminary.

(4)

Safety lighting, as defined in this article.

(5)

All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels.

(6)

Holiday lights and decorations using typical unshielded low-wattage incandescent lamps, provided that they are removed within 15 days following the holiday season to which they pertain.

(c)

Full cut-off fixtures required. All luminaries not exempted from this section hereafter installed for parking lots, buildings, and grounds shall be full cutoff luminaries, as defined by this article, or another luminary which does not emit any direct light above a horizontal plane through the lowest direct-light-emitting part of the luminary, unless otherwise part of a lighting plan approved by the community and economic development director.

Full Cut-Off Fixtures

Full Cut-Off Fixtures

(d)

Security lighting. The term "security lighting," as defined in this article, shall also meet this requirement unless activated by motion sensor devices.

Security Lighting

Security Lighting

(e)

Wallpacks. The term "wallpacks," as defined in this article, are not permitted unless fully shielded.

Shielded and Unshielded Wallpacks

Shielded and Unshielded
Wallpacks

(f)

Glare. Any luminary that is aimed, directed, or focused so that the lamp is visible, or in a way that causes direct light from the luminary to be directed toward residential buildings on adjacent or nearby land, or that creates glare perceptible to persons operating motor vehicles on public ways, shall be redirected or its light output controlled as necessary to eliminate such conditions.

(g)

Intensity specifications. Illuminance levels for outdoor lighting fixtures serving parking lots, buildings and grounds shall comply in design and upon installation with the standards in the table below, measured at three feet above the ground or finished grade. Lighting for athletic fields and tennis courts shall be exempt from this section. In addition, the community and economic development director may also exempt or modify the requirements of this subsection as a part of an approved lighting plan.

Outdoor Lighting Regulations

At Property Lines
Including Rights-of-Way
Minimum
Footcandles
Maximum
Footcandles
At property line abutting a residential use None 0.5
At property line abutting an office or institutional use None 1.0
At property line abutting a commercial or light industrial use None 1.5

 

Off-Street Parking LotsMinimum
Footcandles
Average
Footcandles
Maximum
Footcandles
Residential areas 0.5 2.0 4.0
Office-institutional areas 1.0 3.0 6.0
Commercial areas 2.0 6.0 12.0
Light industrial areas 1.0 4.0 8.0

 

(h)

Prohibitions. The following types of outdoor lighting are prohibited:

(1)

Strobe lights, except as may be required for towers pursuant to section 9-10-9-3, or other state or federal lighting requirement.

(2)

Laser lights or searchlight beams projected into the sky.

(3)

Neon-lit signs, neon outdoor lights, and neon or any other lighting outlining of windows or doors.

(i)

Lighting plans. When a lighting plan is required for a specific use, as specified in article 9-10, which includes, but is not limited to, community recreation, athletic fields accessory to churches, automobile sales establishments, and outdoor recreation facilities, or, when a lighting plan is submitted as an alternative to compliance with the full cut-off fixture requirements or intensity specifications of this section, the lighting plan shall be submitted with the application required for the issuance of a land development permit as specified in chapter 9-13-7.

(ULDC 2005, § 9-9-3-14; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XII, 11-3-2020)

Sec. 9-9-4-1. - Applicability.

This chapter shall apply within the Limestone Parkway Overlay Zone as well as to any development on slopes containing 25 percent or more. These guidelines supplement general site design guidelines for grading provided in this article.

(ULDC 2005, § 9-9-4-1; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-4-2. - Building placement.

On hillsides or slopes with 25 percent or more slope, buildings should be placed to blend with and avoid dominating the natural terrain (e.g., not on the crest of hills or ridges but below the crest). Buildings, even on separate but adjoining lots, should be grouped to complement the natural terrain and each other.

(ULDC 2005, § 9-9-4-2; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-4-3. - Cut and fill slopes.

(a)

Steepness of slope. Cut and fill slopes shall be no more than 1½ times natural grade (e.g., increased from ten percent to 15 percent) and shall be no steeper than two to one (50 percent).

(b)

Planting. Cut or fill slopes more than ten feet in height or 20 feet in depth (in plan view) shall be planted with trees. Trees shall be spaced in accordance with the species planted so that the crowns will touch at maturity, but not farther apart than on 30-foot centers (approximately one tree per 600 square feet). These trees shall be in addition to other requirements for trees. Landscaping shall be used around buildings to blend cuts and fills into the natural terrain.

(c)

Location of cut and fill slopes. Except for driveways, cut and fill slopes shall be entirely contained within a lot; i.e., natural grade at the lot lines shall be maintained.

(d)

Angles of cuts and fills. Sharp angles shall be rounded off, in a natural manner, at the top and ends of cut and fill slopes (within approximately five feet of the sharp angle). Where this would damage tree root systems at the top of the slope, the amount of rounding off may be reduced and shrubs used instead to hide the transition.

(e)

Retaining walls. Retaining walls may be used to minimize cut and fill. Generally, a retaining wall shall be no higher than eight feet except that a retaining wall may average 12 feet for a distance of 100 feet or less. A higher wall is permitted; where used internally at the split between one- and two-story portions of a building; and, where substantially hidden from public view at the rear of a building, where it may not exceed the eave height of the building. Retaining walls shall not be stepped in height but shall be sloped from one height to another to match the terrain behind it.

(ULDC 2005, § 9-9-4-3; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-4-4. - Guidelines for adaptation of developments to hillsides.

The following guidelines are established for adapting developments to hillsides and steep slopes:

(1)

Orient roads and building sites to minimize grading.

(2)

Orientation of buildings should consider views from the site as well as the aesthetic impact of views of the site from surrounding properties.

Appropriate Example of Grading Practices

Appropriate Example
of Grading Practices

(3)

Hilltops, if graded, shall be rounded to blend with natural slopes rather than leveled.

(4)

Slopes providing a transition from graded areas into natural areas shall be varied in percent grade both up-slope and across the slope, in the undulating pattern of surrounding natural slopes; so that the top or the toe (or both) of the cut or fill slope will vary from a straight line in plan view.

(5)

Parking areas shall be constructed on multiple levels and follow natural contours as necessary to minimize cut and fill.

Appropriate Example of Locating Roads on a Hillside

Appropriate Example of
Locating Roads on a Hillside

(6)

Roads shall follow natural topography to the extent feasible, to minimize cut and fill. Necessary grading shall be constant half-cut and half-fill along the length of the road (versus all cut or all fill at points) unless other arrangements would result in less severe alteration of natural terrain.

(7)

Repetitive padding or terracing of a series of lots ("stair-stepping" up a slope) shall not be permitted. Creation of a single large pad or terrace (especially creating a single pad or terrace of an entire lot) shall be an exception to typical design, to deal with circumstances that can't be managed with other techniques. Typical design shall utilize full split pads (separate level for a down-slope lower story), a split foundation (adapting a single story to a slope), setting the building into a cut in the hillside, or a combination of techniques.

(ULDC 2005, § 9-9-4-4; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-5-1. - Purpose and intent.

This chapter provides guidelines for the architectural design of buildings and structures on individual sites which are generally appropriate on a citywide basis and will be applied by the community and economic development department during the process of architectural design review as required by chapter 9-9-2.

(ULDC 2005, § 9-9-5-1; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-5-2. - Applicability.

(a)

Unless the context of a particular section clearly indicates otherwise, the architectural design guidelines of this chapter may be considered by the community and economic development department to apply to all buildings and structures.

(b)

A detached, single-family dwelling or two-family dwelling shall be exempt from the requirements of this chapter.

(ULDC 2005, § 9-9-5-2; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-5-3. - Interpretation.

(a)

The provisions in this chapter which use the term "shall" are regulations and must be followed.

(b)

When the terms "should" and "are encouraged" are used in this chapter, the language shall be considered a guideline, and flexibility toward compliance may be exercised if it is determined by the community and economic development director that the spirit and intent of the guideline is being followed or an alternative to the guideline is acceptable. However, successive departure from the guidelines is grounds for denial of an application for architectural design review.

(ULDC 2005, § 9-9-5-3; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-5-4. - Architectural design compatibility.

Buildings or other improvements should be compatible with the orientation, directional emphasis, shape, volume, massing, proportion, rhythm, scale and materials of the context, setting and streetscape of the site. Architectural design should be compatible with the developing character of the neighboring area. Design compatibility includes complementary building style, form, size, color, materials, and detailing. Determinations of compatibility will consider each of the following factors as appropriate:

Appropriate Placement and Orientation of New Construction

Appropriate Placement and
Orientation of New Construction

(1)

Size. The relationship of the project to its site.

(2)

Orientation. The relationship of buildings to streets. Buildings should front directly onto public sidewalks unless site features prohibit such building configuration.

(3)

Scale. The relationship of the building to those around it. Efforts to coordinate the height of buildings and adjacent structures are encouraged. This is especially applicable where buildings are located very close to each other. It is often possible to adjust the height of a wall, cornice or parapet line to match that of an adjacent building.

Scale and Continuity of Building Addition is Appropriate; However, Cornice Line Could Be Better Coordinated

Scale and Continuity of
Building Addition is Appropriate;
However, Cornice Line
Could Be Better
Coordinated

(4)

Massing. The relationship of the building's various parts to each other, and the consistency of roof characteristics to adjacent buildings.

(5)

Fenestration. The placement of windows and doors. The building may incorporate design that is similar to or links with designs of neighboring buildings. For instance, window lines should be placed in a pattern that reflects the same elements on neighboring buildings.

Example of Appropriate Fenestration On Commercial Addition

Example of Appropriate
Fenestration On
Commercial Addition

(6)

Rhythm. The relationship of fenestration, recesses and projections.

(7)

Setback. Placement of the building in relation to setback of immediate surroundings.

(8)

Materials. The compatibility of building materials with those used in the zoning district.

(9)

Context. The overall relationship of the project to its surroundings.

(ULDC 2005, § 9-9-5-4; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-5-5. - Building style and design.

(a)

When more than one building is constructed on a development site or within a planned development, all buildings shall reflect a compatible architectural style and create a cohesive visual relationship between the buildings.

(b)

"Theme" or stylized architecture which is characteristic of a particular historic period or trend is not encouraged unless the existing building or site is historically important to the district or necessary for architectural harmony.

(c)

Franchise architecture will be reviewed for compatibility with surroundings and may require adjustments to be compatible with surrounding buildings in the district.

(d)

Building design should include a minimum of one-foot-high cornices extending along the entire frontage and sides of buildings.

(e)

Building design should include a minimum of eighteen-inch-high contrasting base extending along the entire frontage and sides of buildings.

(f)

Building design should incorporate and feature awnings, canopies, porches, porticos, patios, decks, or other covered entries to portions of the facade at the ground level.

(ULDC 2005, § 9-9-5-5; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-5-6. - Classification of building materials.

Building material can be classified based on its application as:

(1)

Primary material. The dominant material of a building's exterior walls. A primary material will typically comprise 75 percent to 90 percent of each exterior building face excluding windows and doors; however, architectural style and detailing of the building should dictate the appropriate composition of primary material.

(2)

Accent material. A material utilized to provide architectural interest and variety on a building. Accent materials will typically comprise ten percent to 25 percent of each building face excluding windows and doors, depending on architectural style and context. Accent materials are not to be utilized as a primary building material.

(ULDC 2005, § 9-9-5-6; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-5-7. - Exterior building materials and finishes.

(a)

Finding. The choice of materials and texture applied to the exterior of buildings has great visual significance and can affect the long-term appearance and maintenance of the built environment. Exterior building material is directly related to the durability of the building against weathering and damage from natural forces.

(b)

Building material prohibitions. The following types of external building materials (siding and window and door frames) are prohibited: highly reflective, shiny, or mirror-like materials; mill-finish (non-colored) aluminum metal windows or door frames; exposed, unfinished walls; exposed plywood or particle board; and unplastered, exposed concrete masonry blocks. Exterior metal siding may be used as an accent material as defined in this chapter. This provision applies also to accessory buildings and structures, including signs.

(c)

Similar finishes on all sides. All sides of a building may impact on its surroundings and should be considered for treatment with an architectural finish of primary materials (i.e., brick and stone), unless other materials demonstrating equal or greater quality are used. All buildings should be designed so that all sides contain similar architectural finishes and detailing.

(d)

Durability. The durability of building materials should be considered; materials that do not need high maintenance or frequent placement are preferred.

(e)

Brick and stone. Brick and stone convey permanence and are preferred primary and accent building materials for all building types.

(f)

Wood. Wood may be appropriate in specific contexts.

(g)

Siding. Horizontal aluminum and vinyl sidings should not be utilized for nonresidential applications.

(h)

Exterior insulating and finish system (EIFS). EIFS or Dryvit material should not be used as a primary material. Where used, EIFS should be justified based upon the design intent of the building and limited to accent applications above the pedestrian level (approximately ten feet above ground).

(i)

Fiber cement. The use of fiber cement materials should be limited to accent applications only, except where utilized in a downtown or historic context as a substitute for wood. Fiber cement product is not considered an acceptable substitute for masonry.

(j)

Glass. The use of glass as a primary exterior building material may be appropriate within its surrounding context such as in office parks or pedestrian retail streets. Where used, transparent types of glass are preferred and mirror/dark tinted glass is discouraged. Mirrored glass with a reflection greater than 20 percent is strongly discouraged and should not be used in lieu of exterior windows for the facade.

(k)

Stucco. The use of stucco is acceptable for accent applications. Stucco can be applied directly to blocks or bricks, or onto metal laths (sheets of wire mesh that help adhesion) to provide a decorative, weatherproofing coat that protects a wall's structure. Finishing options include smooth stucco with some slight texture, stucco that can be tooled to produce various patterns; a uniform rough stucco finish that is applied over smooth stucco; and pebbles added onto damp stucco ("pebbledash").

(l)

Cast-in-place concrete. Cast-in-place concrete may be appropriate for industrial buildings or secondary facades if sufficient articulation and detail is provided to diminish the appearance of a large, blank wall and provide a high-quality architectural finish. Cast-in-place concrete may be acceptable as an accent material; its appropriateness for primary material applications will be reviewed within the context of the design intent and surrounding character of development.

(m)

Pre-cast concrete. Pre-cast concrete is acknowledged as a durable and quality material. Concrete panels should be limited to industrial and selected institutional buildings and in any case should incorporate articulation and additional architectural detailing finishes when visible from a right-of-way or abutting property. The appearance of panel joints should be minimized.

(n)

Concrete masonry units. Concrete masonry units, including split face, may be acceptable as an accent.

(o)

Architectural metal cladding. Smooth metal panels, with sufficient metal thickness to prevent deterioration of the surface and promote durability, may be acceptable. The use of metal should account for the design intent of the building and surrounding character of development. Buildings with all-metal siding (i.e., primary and secondary finish) shall not be permitted except in industrial zoning districts. Within the Gateway Corridor Overlay District/Character Area, metal or tin roofs are not permitted except for standing seam metal, and then only if they have a reflectance similar to (or less than) that of the siding material.

(p)

Gateway Corridor Overlay Zone. Within the Gateway Corridor Overlay Zone, front facades and other building sides visible from a public right-of-way shall be at least 50 percent composed of brick masonry, stone masonry, split-face block masonry, or combination thereof. If used, split-face masonry shall be limited to a maximum of 20 percent of the facade.

(q)

Limestone Parkway Overlay Zone. Within the Limestone Corridor Parkway Overlay Zone, exterior wall materials shall be brick masonry, stone masonry, or split-face block masonry; or wood clapboards or weather boarding. If used, split-face masonry shall be limited to a maximum of 20 percent of the facade. Architectural treatment shall be consistent on all sides of the building. Standing-seam or corrugated metal walls are not permitted.

(r)

Midtown Overlay Zone. Within the Midtown Overlay Zone, building materials for front facades oriented to public streets shall be constructed of brick, stone, textured concrete masonry units, or glass. Metal siding is permitted as an architectural treatment on facades not oriented to public streets.

(ULDC 2005, § 9-9-5-7; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-5-8. - Roofs.

(a)

All roof surfaces on nonresidential buildings oriented to or facing a street should have a minimum pitch of three inches of rise for every 12 inches of run (three to 12); provided, however, that flat roof surfaces may be required or approved by the community and economic development director if compatible with surroundings, and if rooftop equipment is screened from view by building elements that are designed as an integral part of the building architecture, or by a parapet wall.

(b)

If metal is authorized as a roofing material, the metal shall not reflect light any more than the siding material used on the same building.

(ULDC 2005, § 9-9-5-8; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-5-9. - Buildings on corner lots or at street corners.

Buildings on street corners should be designed to address the street corner; that is, to engage the interest of drivers, pedestrians and bicyclists at the intersection. These buildings should provide a building entry or distinctive architectural elements facing the corner.

(ULDC 2005, § 9-9-5-9; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-5-10. - Modulation.

Avoid constructing buildings with blank or unmodulated facades parallel to public rights-of-ways. In the Gateway Corridor and Midtown Overlay Zones, the walls of building facades for office, institutional, commercial, and industrial use shall not extend more than 100 linear feet unless the front facade of the building (including roof) is designed in a way that modulates the building face into discrete architectural elements as more fully described in this section. For all other areas, the maximum building length without modulation shall be 200 feet. Modulation may be accomplished with one or a combination of the techniques described below:

Examples of Modulation

Examples of Modulation

(1)

Recesses and projections should be used along the front facade to break up long expanses of wall planes.

(2)

Rooflines can be modulated by alternating dormers, or using stepped roofs, gables, or other roof elements.

(3)

Windows with awnings above the windows can be provided in a repeating pattern or at regular intervals, or bay windows can be used to achieve some modulation.

(ULDC 2005, § 9-9-5-10; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-5-11. - Awnings and canopies.

Example of Awnings and Canopies

Example of Awnings and Canopies

(a)

Finding. Awnings and canopies should be applied to storefront commercial buildings for three reasons: to minimize interior heat gain; shield merchandise in the display windows from the sun; and to provide some protection to pedestrians on the sidewalk from the elements.

(b)

Encouraged. Awnings are encouraged for first floor uses to provide architectural interest.

(c)

Coordination. Where awnings are used, they should be designed to coordinate with the design of the building and any other awnings along the same block face.

(d)

Frame and material. Awnings should be constructed with a durable metal internal structural frame covered by a fabric or canvas material. Flameproof vinyl or metal awnings and canopies may be appropriate. Aluminum and other metal canopies may be acceptable, particularly when integrated into shopping center designs.

(e)

Colors. Awning colors should be neutral or compatible with the overall color palate of the building to which they are being affixed. Solid colors are preferred over striped awnings, but striping may be permitted if colors compliment the character of the structure or group of buildings.

(f)

Shape. The shape of an awning should be dictated by (consistent with) the shape of the window opening to which it will be applied.

(g)

Vertical clearance. No portion of an awning shall be less than eight feet clearance from the ground surface.

(h)

Depth and width. Awnings shall be a minimum of four feet in depth. Awnings shall not extend beyond the width of the building or tenant space, nor encroach above the roof line or the story above.

(i)

Lighting. Awnings that are internally or backlit through translucent materials are discouraged if not prohibited altogether.

Illustrative Use of Awnings

Illustrative Use of Awnings

(ULDC 2005, § 9-9-5-11; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-5-12. - Colors.

(a)

The primary material color (used on the majority of the building surface) of buildings and accessory buildings and structures should be harmonious and compatible with the primary material colors of other buildings within the character district in which the building or structure is located.

(b)

High-intensity or fluorescent colors shall not be used.

(c)

Facade primary material colors should be low reflectance, subtle, neutral, or earth tone colors.

(d)

Trim color (used on the window trim, fascia, balustrades, and posts) may be brighter than primary material color.

(e)

All vents, gutters, downspouts, flashing, electrical conduits, etc., should be painted to match the color of the adjacent surface primary material, unless they are being used expressly as a trim or accent element.

(f)

Accent color may be used with discretion on the building's exterior. An accent stripe may be appropriate to add interest to larger, (typically) industrial buildings.

(ULDC 2005, § 9-9-5-12; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-5-13. - Architectural lighting.

(a)

Finding. Well-designed and distinctive lighting of building facades is one of the best ways to attract attention and make a favorable impression with a minimal investment. Building facade lighting can help enhance the intrinsic charm, beauty, and use of any given setting. Architectural lighting may include outlining, floodlighting, spotlighting, or any applicable combination of these techniques.

(b)

Selectivity. The discrete lighting of a few key architectural features or details is preferred over uniform floodlighting of the entire building facade. Focal points can also be established through careful floodlighting of major buildings, with the lighting of secondary buildings keyed in turn to these focal points.

(c)

Reflectivity. Highly polished surfaces such as glass, marble, glazed tile, glazed brick, porcelain enamel, and various metals can reflect the image of the light source. Designers should avoid lighting these reflective surfaces directly. Glass buildings usually cannot be lighted for nighttime viewing.

(ULDC 2005, § 9-9-5-13; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XIII, 11-3-2020)

Sec. 9-9-5-14. - Accessory buildings.

Accessory buildings should be substantially similar to the principal buildings, in terms of material finish, color, and architectural detailing.

(ULDC 2005, § 9-9-5-14; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-5-15. - Fences and walls.

(a)

The design of fences and walls should be compatible with the architecture of the principal buildings and should use similar materials.

(b)

All walls or fences 50 feet in length or longer, and four feet or more in height, should be designed to minimize visual monotony though changes in plane, height, material, material texture, or significant landscape massing.

(c)

All fences visible from the public right-of-way shall have their appearance softened with landscaping as approved by the community and economic development director.

(d)

Chainlink fences visible from the public right-of-way shall be coated with vinyl with a black color.

(e)

In the Gateway Corridor Overlay Zone, smooth-faced concrete walls visible from the right-of-way are prohibited; walls visible from the right-of-way shall be faced with brick or stone masonry or shall be architecturally compatible in terms of design/style and color, as approved by the community and economic development director.

(f)

In the Limestone Parkway Overlay Zone, walls shall be of brick masonry, stone masonry, concrete masonry, or concrete which is architecturally compatible with the principal building. Walls and fences in any required front yard shall be no more than 3½ feet in height. Walls and fences on or within all rear and side property lines, up to the required front yard setback line, shall be no more than six feet in height; except that within a yard abutting a street, such height shall be no more than 3½ feet.

(ULDC 2005, § 9-9-5-15; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-5-16. - Trash and recycling collection areas.

(a)

All institutional, commercial, industrial, multifamily residential sites must provide appropriate refuse dumpsters and areas devoted to the storage of waste materials (including grease or oil containers where used).

Recommended Practices for Dumpsters

Recommended Practices
for Dumpsters

(b)

All garbage dumpsters and other similar areas devoted to the storage of waste materials and grease or oil containers should be screened on three sides of said dumpster or area with a minimum six-foot-high (eight feet preferred) wall constructed of materials substantially similar in appearance to the building on-site. Dumpster areas must be gated on the fourth side with a material that provides opaque screening, such as a solid wooden fence or metal gate compatible with and matching the height of the surrounding wall and compatible in material and appearance.

(c)

Access to all service areas, including dumpster pads, shall be limited to the hours of between 6:00 a.m. and 9:00 p.m., unless an emergency situation warrants access to these areas.

(d)

Avoid locating storm drains in trash and recycling collection areas to reduce the likelihood of stormwater pollution.

(ULDC 2005, § 9-9-5-16; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XIV, 11-3-2020)

Sec. 9-9-5-17. - HVAC and mechanical and utility equipment.

(a)

Heating, ventilation, air conditioning (HVAC) or other mechanical equipment should not be located on the street side of developments or adjacent to open spaces. HVAC and other mechanical and utility equipment, which is located on, beside or adjacent to any building or development, shall be fully screened from view of streets and adjoining property.

(b)

The screen should exceed the height of the equipment and should utilize building materials and design which are compatible with these used for the exterior of the building.

(c)

Where mechanical and utility equipment are located on the roof of a structure, all devices should be fully screened from view of streets or adjacent property. A parapet wall or rooftop enclosure compatible in material and appearance with the building's exterior materials may be used to accomplish this screening requirement.

(d)

All building-mounted utility meters and service equipment should be located to the side or rear of the building and painted to match the exterior color of the building.

(e)

At-grade utility equipment and facilities associated with on-site electric, cable, telephone, gas or other similar utility should be screened with evergreen plantings or other acceptable alternatives.

(ULDC 2005, § 9-9-5-17; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-6-1. - Purpose and intent.

This chapter provides guidelines for the architectural design of buildings and structures on individual sites which are appropriate in the more urban parts of the city and will be applied by the community and economic development department during the process of architectural design review as required by chapter 9-9-2. The guidelines of chapter 9-9-4 also apply in addition to those provided in this chapter.

(ULDC 2005, § 9-9-6-1; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-6-2. - Applicability.

The architectural design guidelines of this chapter shall apply to all buildings and structures located within:

(1)

The C-B, Central Business Zoning District;

(2)

Midtown Overlay Zone.

(3)

The Central Core Character Area.

(4)

As may be appropriate in any other character areas as determined by the community and economic development director, these design guidelines are encouraged but not required in the suburban commercial character area.

Existing Conditions at the Square

Existing Conditions at the Square

(ULDC 2005, § 9-9-6-2; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-6-3. - Interpretation.

(a)

The provisions in this chapter which use the term "shall" are regulations and must be followed.

(b)

When the terms "should" and "are encouraged" are used in this chapter, the language shall be considered a guideline, and flexibility toward compliance may be exercised if it is determined by the community and economic development director that the spirit and intent of the guideline is being followed or an alternative to the guideline is acceptable. However, successive departure from the guidelines is grounds for denial of an application for architectural design review.

Images Ranked Highly as Appropriate for Downtown/Midtown

Images Ranked Highly
as Appropriate for
Downtown/Midtown

(ULDC 2005, § 9-9-6-3; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-6-4. - Pedestrian-scale development.

Emphasis Primarily On the Street Sidewalk and On Pedestrian Access to the Site and Building

Emphasis Primarily On the
Street Sidewalk and On
Pedestrian Access to the
Site and Building

(a)

Development should be designed with an emphasis primarily on the street sidewalk and on pedestrian access to the site and building, rather than auto access and parking areas.

(b)

Ground-floor uses should be reserved for retail and should be limited to nonresidential uses. Ground-floor residential uses should not be permitted in buildings fronting the downtown square; provided, however, residential use of a ground-floor may be authorized if it is not readily visible from the front of the building.

(c)

Sidewalks in storefront commercial areas are pedestrian corridors where one wall is created by the unbroken line of commercial buildings abutting the sidewalk, and a second "perceived wall" is created by sidewalk fixtures such as benches, planting boxes, and street trees. In addition, a "perceived corridor ceiling" is created by storefront awnings and the canopies of street trees. While the sidewalk is technically part of the public right-of-way, many business owners whose properties abut the sidewalk utilize portions of the sidewalk for business purposes. Others desire to improve the appearance of the sidewalk area in front of their individual building.

(d)

In areas with business storefronts, extra-wide sidewalks should be provided, along with a furnishing zone where street furniture may be placed and street trees planted.

(e)

In the Downtown Core Character Area, sidewalk requirements shall consist of brick edging to match the square's sidewalk design.

Sidewalk Requirements

Sidewalk Requirements

Brick Edging to Match the Square's Sidewalk Design

Brick Edging
to Match the
Square's Sidewalk Design

Downtown Parklet

Downtown Parklet

Recommended practice; downtown parklet (Bradford Street SW shown): two on-street parking spaces are transformed into a public parklet with wider sidewalk, plantings, and space for a range of activities like reading, relaxation, and lunch breaks outdoors. Applicable in many areas of downtown.

(ULDC 2005, § 9-9-6-4; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-6-5. - Building placement.

(a)

Buildings should be placed close to (with little if any setback from) streets internal to the development, or along public streets abutting the development area, as determined in the review and approval process. The buildings should be generally placed so that the main entrance is oriented to the street sidewalk. The community and economic development director may establish a build-to line for the placement of the building to ensure compatibility and consistency with other buildings on the block face.

Buildings Placed Close to Streets Internal to Development

Buildings Placed Close to
Streets Internal to Development

(b)

Outdoor private seating is encouraged for pedestrian retail areas. If outdoor seating is contemplated prior to building, the building should be set back an additional ten feet to provide appropriate seating area along the building frontage.

Outdoor Private Seating for Pedestrian Retail Areas

Outdoor Private Seating for
Pedestrian Retail Areas

While the sidewalk may be enhanced or used for commercial purposes such as outdoor cafe seating, it is important that the sidewalk's functionality as a means of transportation is not limited.

(ULDC 2005, § 9-9-6-5; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-6-6. - Building width.

In pedestrian retail areas, buildings should provide storefronts at sidewalk level along the entire width of their property frontages. Exceptions to this guideline may be appropriate for designated alleyways or other service accessways, subject to the approval of the community and economic development director.

(ULDC 2005, § 9-9-6-6; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-6-7. - Building height.

(a)

A building designed for one story only should have the appearance of a two-story building; hence a single-story building shall have minimum of 20 feet height measured from the street level or top of the curb, with a maximum of 25 feet.

Building Appearance

Building Appearance

(b)

The height of a new building should be similar to or compatible with existing buildings on lots abutting the property on the block face.

(c)

Buildings fronting the downtown square should be limited to four stories in height; this guideline may be exceeded only if the fifth story and higher stories is/are stepped back from the established building line.

Building Step-Back (Side Elevation View)

Building Step-Back
(Side Elevation View)

Scale, Proportion and Height

Scale, Proportion
and Height

Recommended practice, infill at the square (three-story concept shown): immediately adjacent to the downtown square, most buildings fit within the two- to four-story range. Infill building shown is traditional brick with taller center parapet, but with modern elements such as a glass and steel first story used as retail space. Top floor space used for residents and/or offices. A rooftop garden patio is incorporated.

Infill at the Square

Infill at the Square

(ULDC 2005, § 9-9-6-7; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-6-8. - Cornices, windows, and entrances.

(a)

Storefront cornices. Storefront cornices should be provided as horizontal decorative elements that extend across the width of the building and visually separate the storefront from the upper stories of the two-part commercial block.

Storefront Cornices

Storefront Cornices

Source: City of Gainesville Preservation Manual and Design Guidelines

(b)

Storefront display windows. Storefront display windows are large areas of plate glass at the street level that provide an opportunity for pedestrians on the sidewalk to view the merchandise and activity taking place inside retail establishments. No less than 75 percent of the building frontage should be provided with glass windows and building entrance. Ground-story windows should not exceed ten feet in height and should be no less than three feet above the sidewalk.

Storefront Display Windows

Storefront Display Windows

(c)

Storefront entryways and doors. Commercial storefronts should feature recessed entryways that welcome and provide shelter for pedestrians during inclement weather. Storefront doors should be glazed (glass) to allow light into retail areas and provide a means for pedestrians to view commercial activities taking place inside the building.

Storefront Entryways and Doors

Storefront Entryways and Doors

(ULDC 2005, § 9-9-6-8; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-6-9. - Off-street parking.

(a)

The physical and visual impact of new off-street parking areas and new off-street parking facilities within commercial storefront areas should be mitigated as much as possible.

(b)

Evergreen landscape buffers and hedges should be located around the perimeter of parking lots with shade trees interspersed throughout the interior of the parking lot.

Evergreen Landscape Buffers

Evergreen
Landscape Buffers

(c)

Parking decks should adhere to all of the guidelines for new construction in a commercial storefront area in terms of building placement, massing, scale, and facade articulation. If possible, the street level facade of a new parking deck should provide retail storefront space to help it blend into the existing commercial environment.

Parking Decks

Parking Decks

(ULDC 2005, § 9-9-6-9; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-7-1. - Live-work unit.

Illustrative Live-Work Units

Illustrative Live-Work Units

(a)

Use and design specifications of live-work units. Live-work units are buildings or spaces within buildings that are used jointly for commercial and residential purposes, where the two uses are physically connected in one unit and residential use of the space is accessory to the primary use as a place of work. This use is distinguished from a home occupation and from a mixed-use building. Live-work units may have larger workspaces than permitted by home occupations, and the floor space for live-work units is specifically designed for both living and working areas. Live-work units are distinguished from mixed-use buildings in that a mixed-use building has residential and nonresidential uses in the same building, but the residential and nonresidential spaces are not necessarily connected or used by the same person.

(b)

Minimum requirements. Live-work units should meet the following requirements, which are intended to minimize the potential negative impacts on residential use within a live-work unit and on other dwelling units in the same development or near the live-work unit:

(1)

Occupancy. Only persons living in the dwelling unit should be engaged in the occupation.

(2)

Use restriction. Sales or customers should be limited or not permitted. There should be no external storage of products or materials. Use of the workspace should be limited to general office and similar uses, including investors and those who perform trades via computer or by telephone, but not involving the physical exchange of merchandise on the premises.

(3)

Signs. There should be no exterior signs, including window signs except as may be permitted for the rental, lease, or sale of the property.

(4)

Floor area. A minimum of 1,000 square feet should be provided within each live-work unit. The work component of a live-work unit should not be smaller than 150 square feet and no larger than 40 percent of the total floor space in the live-work unit.

(e)

Connection of live-work areas. There needs to be a physical connection between the work floor area and the residential floor area of the unit.

(5)

Pedestrian access to street. There should be direct pedestrian access at the fronting street at or near grade level to each individual live-work unit.

(6)

New building in relation to street. When a new building is constructed containing one or more live-work units, the building should face (parallel) the fronting street in a manner that occupies at least 50 percent of the property frontage of the lot on which it is constructed.

Illustrative Building Frontages

Illustrative
Building Frontages

(7)

Location of living areas. Residential areas should normally not be provided on the main (ground/street) floor and are not permitted fronting the downtown square.

(ULDC 2005, § 9-9-7-1; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-7-2. - Mixed-use building.

The intent of this section is to guide the design of residential uses mixed with commercial and other land uses. In districts where permitted, mixed-use buildings and mixed-use development should meet the following guidelines:

(1)

Access to residential units. Residential uses above the first-floor retail or other nonresidential uses should have an entryway to each unit or a hallway serving one or more units which should connect to a stairway opening directly to the outside at street level. Every dwelling unit with a front facade facing a street should to the maximum extent possible have its primary or shared entrance face the street. All stairways should be enclosed.

(2)

Private exterior area. All dwelling units above the first-floor retail or other nonresidential uses should have an exterior area (balcony) with a minimum of 80 square feet, and which affords maximum privacy to occupants.

(3)

Signs. Windows above first-floor retail or other nonresidential uses should have no signs, except as they may pertain to the rental, lease or sale of property per the sign regulations contained in this Code.

(4)

Mailboxes. Residential uses above the first-floor retail or other nonresidential uses should not have outside mailboxes; inside mailboxes or mail slots should be used.

(5)

Occupancy limits. Residential uses above the first-floor retail or other nonresidential uses should not be rented on a daily or weekly basis and cannot be operated as boardinghouses or roominghouses.

(ULDC 2005, § 9-9-7-2; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-7-3. - Open spaces.

Illustrative Provision of Square and Green in a Traditional Neighborhood Development

Illustrative Provision
of Square and Green
in a Traditional
Neighborhood Development

(a)

Open spaces, such as town greens and public squares, should be located and designed to add to the visual amenities of mixed-use developments, planned unit developments, suburban commercial, and office campus/office park developments.

(b)

Greens and squares should be spatially defined and distributed throughout the development so that no principal building is more than a walking distance of 1,350 feet from a green, square, or park.

(c)

In large developments with multiple buildings or lots, a mix of peripheral as well as internal green space should be provided.

(d)

Residential development should be designed around active or passive neighborhood open spaces, which in turn should connect to adjacent open space networks or regional systems, where they exist or are planned.

(e)

Stormwater practices such as bioretention and bioswales may be incorporated into the landscaping in open spaces to serve both as treatment of runoff and as a public amenity.

(ULDC 2005, § 9-9-7-3; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XV, 11-3-2020)

Sec. 9-9-8-1. - Purpose and intent.

Conventional Shopping Center Layout Not Preferred In Gainesville

Conventional
Shopping Center Layout
Not Preferred In Gainesville

Conventional, suburban-style layout of shopping centers result in auto-oriented development with expansive surface parking areas that are not pedestrian-friendly, lack open spaces, contribute to negative environmental impacts from stormwater runoff and should no longer be pursued for larger shopping centers in the city. Instead, the city envisions more functionally appropriate shopping centers utilizing designs that resemble mixed-use developments, incorporate "main street"-type pedestrian retail character, cluster buildings to create activity centers, and integrate plazas and pedestrian places as central points of activity. Commercial site design should focus on "placemaking," or creating a unique sense of place, as its primary design goal.

(ULDC 2005, § 9-9-8-1; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XVI, 11-3-2020)

Sec. 9-9-8-2. - Design guidelines.

(a)

Compliance with this section is encouraged for all suburban commercial developments and is considered mandatory for suburban commercial sites with four or more acres of land designed to include 75,000 or more square feet of retail space (including outlots).

(1)

Gathering places provide area for activities that promote safe community interaction, exchange, and congregation. Designers are encouraged to provide plazas or gathering places, especially where building breaks occur, by including design elements such as play areas, landscaping, street furniture, public art, better site design or low impact development for stormwater management, and/or other attractive features that improve functionality and introduce a pedestrian orientation.

Illustrative Plaza or Gathering Place

Illustrative Plaza or
Gathering Place

(2)

Benches should be provided near drop off areas and entryways to major buildings and at key locations along pedestrian ways and within plazas. Consideration should be given to the location of benches with respect to the ability to provide shelter from summer sun and winds and be open to direct sunlight in the winter.

(3)

One or more buildings should be arranged to create a primary "main street" or internal street grid pattern. Building designs should frame and accentuate public spaces with pedestrian-scale elements and details. Pedestrian ways should be embellished with special design features such as towers, arcades, porticos, pedestrian light fixtures, bollards, planter walls, and other architectural elements that define circulation ways and outdoor spaces.

(4)

Buildings should orient, frame, and/or direct pedestrian views to parks and plazas. Buildings along roadways should provide a building scale of two stories or if single-story should be no less than 20 feet in height. Buildings, including those on outlots, should be massed against the primary arterial or collector roadways to create a "street wall" effect, with shared, interior surface parking. No more than 40 percent of any parcel frontage should be open to a view of surface parking.

(5)

Building lengths should not exceed 300 linear feet without a physical break or pedestrian accessway connecting to surface parking to the rear of buildings. "Big box" stores should be articulated at a smaller pedestrian scale to disguise their mass.

(6)

Incorporate architectural features on all sides of a building facade facing: the primary entrances of an adjacent building, public roadways, interior site amenities, and facades that are visible from public spaces.

(7)

Drive-through windows and drive-through lanes should not be utilized and may be permitted only if the access drives are designed in a way that minimizes conflict with pedestrian travel which shall take precedence.

(8)

Unique architectural components such as entryway structures and clock towers are encouraged to be integrated into the design.

Map of John Morrow Parkway, Pearl Nix Parkway, Shallowford Road and Alta Vista Cemetery

Map of
John Morrow Parkway,
Pearl Nix Parkway,
Shallowford Road
and Alta Vista Cemetery

(b)

Best practices. This long-term vision for Lakeshore Mall redevelopment illustrates several desirable design principles: incorporation of a central green and interior courtyard space; buildings close to and framing the streets and driveways; and parking lots that are partially shielded from view from abutting public streets.

(ULDC 2005, § 9-9-8-2; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XVI, 11-3-2020)

Sec. 9-9-9-1. - Purpose and intent.

This chapter provides guidelines for signage.

(ULDC 2005, § 9-9-9-1; Ord. No. 2016-09, § IX(exh. A), 6-21-2016; Ord. No. 2020-42, § XVII, 11-3-2020)

Sec. 9-9-9-2. - Applicability.

The sign design guidelines of this chapter shall apply to all buildings and structures located:

(1)

Within the C-B, Central Business Zoning District;

(2)

Within the Midtown Overlay Zone.

(3)

In the Central Core Character Area, and any other character area, as may be determined appropriate by the community and economic development director.

(ULDC 2005, § 9-9-9-2; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-9-3. - General design and materials, dimension, and uniformity requirements of signs.

(a)

All signs should be of a design and include materials that are in keeping with the architectural design and exterior materials of the principal structure.

(b)

Signs shall be sized in proportion to the building. Notwithstanding the maximum areas allowed under the terms of the sign ordinance, an individual sign may be disapproved if it is found to be excessive or nonproportional in relation to the building on which it is placed or which it serves.

(c)

Uniformity of size and lettering among properties in the same district or character area is desirable, to create a pleasing visual consistency.

(ULDC 2005, § 9-9-9-3; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-9-4. - Sign materials.

(a)

Exposed surfaces of signs must be constructed of or appear to be constructed of metal, glass, stone, concrete, brick, cloth, or wood, or similar approved material. If synthetic materials are authorized, they shall have the same finished appearance as the materials specified here.

(b)

Sandblasted wood signs are not prohibited but may or may not be considered appropriate.

(c)

Plywood or unfinished wood is not an appropriate material for signs and shall not be permitted.

(ULDC 2005, § 9-9-9-4; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-9-5. - Colors.

(a)

No individual sign should have more than three colors.

(b)

Colors of signs should be coordinated with overall building colors.

(c)

White or other light-colored backgrounds for signs should not utilized.

(ULDC 2005, § 9-9-9-5; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)

Sec. 9-9-9-6. - Placement of wall signs.

(a)

Wall signs shall be mounted flush against the facade of the building adjacent to the front entryway of the unit.

Sign Board

Sign Board

(b)

Wall signs should be located on flat, unadorned parts of the building facade, somewhere above storefront display windows (where they exist) and below second-story windows (where they exist).

(c)

If the building facade or storefront has a lintel strip or signboard, the wall sign should be placed directly on it. Wall signs should be located centrally on the facade. Sign boards should not exceed 2½ feet in height.

(d)

Projecting signs and signs suspended from canopies and awnings oriented to pedestrians (i.e., perpendicular to the wall surface of a building) should be permitted and are encouraged, provided that they are constructed to be compatible in material and appearance with the building.

Projecting Sign

Projecting Sign

(e)

Projecting and suspended signs shall not be illuminated.

(ULDC 2005, § 9-9-9-6; Ord. No. 2016-09, § IX(exh. A), 6-21-2016)